N.Y. Village Law 2-210 – Review of decision
§ 2-210 Review of decision. 1. The decision of the commission as to the petition and whether a village incorporation shall proceed to election shall be subject to judicial review in accordance with Article 78 of the civil practice law and rules.
2. Such proceeding must be instituted within thirty days after the filing of the original copy of such decision as required by section 2-208 of this article.
3. The proceeding may only be instituted by a resident in a town in which a part of such territory is located.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding in accordance with Article 78 of the civil practice law and rules shall be given to the secretary and the town clerk of each town in which any part of such territory is located, each of whom shall cause same to be filed in their office.
b. If the proceeding be brought to review a decision adverse to the petition, copies of all papers in connection therewith shall be served on all persons designated by objectors to the petition pursuant to section 2-204 of this article and on all other objectors who have made no such designations and whose objections were submitted in writing and signed. Service shall be sufficient if made either personally or by certified mail with a return receipt.
c. If the proceeding be brought to review a decision sustaining the petition, copies of all papers in connection therewith shall be served on all persons designated in the petition to receive same.
d. All persons served pursuant to paragraphs b and c of this subdivision shall be parties to such proceeding under said article seventy-eight.
e. All issues in any proceeding hereunder shall have preference over all other civil actions and proceedings.
5. The successful party to any such proceeding shall file a certified copy of the decision and order in the office of the clerk of each town in which any part of such territory is located and with the secretary of state who shall give notice of the receipt of the decision and order to the commission within three days.